LAWS OF ANTIGUA AND BARBUDA
Status of Children
(CAP.414
CHAPTER 414
THE STATUS OF CHILDREN ACT
Arrangement of Sections
Section
PRELIMINARY
1. Short title.
2. Interpretation.
STATUS OF CHILDREN
3. All children of equal status.
4. Application of this Act.
5. Protection of personal representatives and trustees.
EVIDENCE AS TO PARENTHOOD
6. Presumption as to parenthood of child born during
marriage.
7. Recognition of paternity.
8. Evidence and proof of paternity.
9. Acknowledgements may be filed with Registrar-General
10. Power of Court to make paternity order.
11. Notice of application for paternity order.
12. Duration of paternity order.
BLOOD TESTS
13.
14.
15.
16.
Power of court to require use of blood tests.
Consents, etc. required for the taking of blood samples.
Failure to comply with direction for blood tests.
Penalties for personating another re blood tests and for
tampering with blood sample.
17. Regulations re blood tests.
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GENERAL
18. Regulations.
19. Power of Registrar-General re fees.
20. Existing Laws.
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STATUS OF CHILDREN
An Act to remove the legal disabilities of Children born out
of wedlock.
PRELIMINARY
1.
This Act may be cited as the Status of Children Act.
2.
(1) In this Act-
Short title.
Interpretation.
"child" includes a person who has attained the age of
sixteen years;
"child born in wedlock" means a child whose parents
were married to each other when the child was
conceived or born or between those times, and
"child not born in wedlock" means any other child;
"marriage" includes a void or voidable marriage, and
"married" has a corresponding meaning;
"Registrar-General" means the person for the time
being holding office as Registrar-General under
the Births and Deaths (Registration) Act and
includes any person for the time being discharging the duties of that office.
(2) For the purposes of sections 13 to 17 inclusive"blood samples" means blood taken for the purpose of
blood tests;
"blood tests" means blood tests carried out and includes
any test made with the object of ascertaining the
inheritable characteristics of blood;
"excluded" means excluded subject to the occurrence
of mutation;
Cap.53.
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"tester" means a medical practitioner designated by the
Minister to carry out blood tests.
STATUS OF CHILDREN
AU children of
equal status.
3. (1) Notwithstanding any other written law or rule
of law to the contrary for all the purposes of the law of
Antigua and Barbuda,
(a) the status and the rights, privileges and obligations of a child born out of wedlock are identical in all
respects to those of a child born in wedlock;
(6) save as provided in this Act, the status and the
rights and obligations of the parents and all kindred of
a child born out of wedlock are the same as if the child
were born in wedlock but this provision does not affect
the status, rights or obligations of the parents as
between themselves.
(2) The rule of construction whereby in any will, deed,
or other instrument words or relationship, in the absence of
a contrary expression of intention, signify relationship
derived only from wedlock is abolished.
(3) For the purpose of construing any instrument
words denoting a family relationship shall, in the absence of
a contrary expression of intention, cease to be presumed to
refer only to relationship by marriage; and for the purpose
of construing any instrument, in the absence of a contrary
expression of intention, reference to a child or children
includes a child or children whether or not born in wedlock.
(4) Subsections (1) to (3) apply with respect to every
person, whether born before or after the commencement
of this Act, and whether born in Antigua and Barbuda or
not, and whether or not his father or mother has ever been
domiciled in Antigua and Barbuda.
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4. ( 1 ) This Act does not affect rights which became
vested before its commencement.
Applicationof this
Act.
( 2 ) Save as provided in subsection ( I ) ,this Act applies
to persons born and instruments executed before as well as
after its commencement.
(3) The estate of all persons who have died intestate as
to the whole or any part thereof before the commencement
of this Act shall be distributed in accordance with enactments
and rules of law which would have applied to them if this
Act had not been passed.
5. For the purposes of the administration of distribution of the estate of any deceased person or any property
held upon trust-
Fz';?nof
representatives
and trustees.
( a ) a person born out of wedlock shall be presumed not to have been survived by his father or any
other paternal relative unless the contrary is shown;
( b ) a person born in wedlock shall be presumed
not to have been survived by a child of his father,
father's mother, grandfather or mother born out of
wedlock unless the contrary is shown,
and no trustee or personal representative shall be liable to
any such person of whose claim he has not had notice of the
time of the conveyance or distribution, but nothing in this
section shall prejudice the right of any person to follow the
property or any property representing it, into the hands of
any person other than a bona jide purchaser without notice
who may have received it.
EVIDENCE AS TO PARENTHOOD
6. ( 1 ) Subject to subsections (2) and (3), a child
born to a woman during her marriage, or within ten
months after the marriage has been dissolved by death or
otherwise, shall, in the absence of evidence to the contrary,
be presumed to be the child of his mother and her husband, or former husband, as the case may be.
( 2 ) Subsection ( 1 ) does not apply if, during the whole
of the time within which the child must have been conceived,
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the mother and her husband were living apart from each
other whether as a matter of fact or under a decree or order
of separation, or decree nisi of divorce, made by a competent court or authority in Antigua and Barbuda or elsewhere.
(3) Subsection (1) does not apply where a child is
born within ten months after the 'dissolution of the marriage of his mother by death or otherwise, and after she has
been married again, and in such case there shall be no presumptions as between the husband of the mother and her
former husband that either is the father of the child, and
the question shall be determined on the balance of the
probabilities in each case.
Recognition of
paternity.
7. The relationship of father and child, and any
other relationship traced in any degree through that relationship shall be recognised only if( a ) the father and the mother of the child were
married to each other at the time of his conception or
birth or between the times; or
( 6 ) paternity has been registered in a register of
births pursuant to the Births and Deaths (Registration)
Act or established by any of the modes specified in section 8 or 10.
Evidence and
proof of paternity.
8. If, pursuant to section 26 of the Births and Deaths
(Registration) Act the name of the father of the child to
whom the entry relates has been entered in the register
book of births (whether before or after the commencement
of this Act) a certified copy of the entry made or given and
purporting to be signed in accordance with section 11 of
that enactment is prima facie evidence that the person
named as the father is the father of the child.
9. (1) Any statutory declaration made by the mother
a child and by any person acknowledging that he is the
father of the child and further declaring that such persons
exhibited evidence of identification together with B statement specifying the nature of such evidence or a duplicate
or attested copy of any such statutory declaration may, in
Acknowledgements
may be filed with
Registrar-General. of
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the prescribed manner and on payment of the prescribed
fee, if any, be filed in the office of the Registrar-General.
(2) In the case of a person who is in Antigua and
Barbuda the authorities before whom a statutory declaration for the purposes of subsection ( 1 ) may be made are a
notary public, a magistrate or some other person lawfully
authorised under the Oaths Act to administer oaths.
Cap. 297.
(3) In the case of a person who is not in Antigua and
Barbuda the authorities before whom a statutory declaration for the purposes of subsection (1) may be made are an
Antigua and Barbuda diplomatic agent or a consular officer
or a notary public or some other person lawfully authorised
to administer oaths in the country or place where the declaration is made.
(4) The Registrar-General shall upon the request of
any person who he is satisfied has a proper interest in the
matter and, on receipt of the prescribed fee, if any, cause a
search of any index of statutory declarations filed with him
under subsection ( 1 ) to be made, and shall permit any such
person to inspect any such declaration or any duplicate or
copy thereof.
( 5 ) Where the High Court makes a paternity order
under section 10 or where a Magistrate's Court makes a
judgment of paternity under section 126 of the Magistrate's
Code of Procedure Act, the Registrar of the High Court or
the Clerk of the Registrar, as the case may be, shall forward
a copy of such order to the Registrar-General for filing in
his office under this section, and on his receipt of any such
copy the Registrar-General shall file it accordingly as if it
were an instrument of the kind a re scribed in subsection (1).
10. ( 1 ) Any person w h o ( a ) being a woman, alleges that any named person is the father of her child; or
(6) alleges that the relationship of father and
child exists between himself and any other person; or
( c ) alleges that he is the father of an unborn
child; or
Cap. 255.
Power o f Court to
make paternity
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(d) being a person having a proper interest in the
result, wishes to have it determined whether the relationship of father and child exists between two named
persons,
may apply in such manner as may be prescribed by rules of
court to the High Court for a declaration of paternity, and if
it is proved to the satisfaction of the court that the relationship exists the court may make a paternity order whether or
not the father or child or both of them are living or dead.
(2) An application under this section may be brought
on behalf of the child by any person acting on his behalf.
(3) The High Court has jurisdiction under this section
if at the date of the making of any application under this
section( a ) the child to whom the application relates is
actually present in Antigua and Barbuda or, if
deceased, was born in Antigua and Barbuda or was
domiciled in Antigua and Barbuda at the date of his
death; or
( b ) the alleged parent of the child against whom
the application is brought is actually present in Antigua
and Barbuda or, if deceased, was born in Antigua and
Barbuda or domiciled in Antigua and Barbuda at the
date of his death,
and the High Court also has jurisdiction under this section
where-
( a ) the child though absent from Antigua and
Barbuda at the time of the proceedings, is a citizen of
Antigua and Barbuda; or
( b ) the alleged parent of the child against whom
the application is brought, though absent from Antigua
and Barbuda at the time of the proceedings, is a citizen
of Antigua and Barbuda.
(4) No proceeding under this section shall affect any
final judgment or decree already pronounced or made by a
court of competent jurisdiction.
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( 5 ) Where on an application to the High Court under
this section the Court has made or has refused to make an
order, there shall be the same rights of appeal as are in force
or exist for the time being in respect of civil proceedings in
the High Court.
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11. (1) Unless the Court otherwise directs, notice of
an application for a paternity order shall be given to-
for
paternity order.
( a ) the person claimed to be a child or any person
named by law to be served on his behalf, and
(6) the person alleged to be the father or mother,
as the case may be, of the child, and the person having
custody of the child, or
(c) any person claiming to be a parent.
(2) Upon application the Court shall(a) consider whether or not any other person
should receive notice; and
(6) direct that notice be given to any person who
in its opinion should have an opportunity to be heard.
12. (1) A paternity order remains in force until it is
set aside under this section.
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(2) An application to set aside a paternity order may
be made with leave of the Court to the Court by which the
order was made.
(3) Notice of the application shall be give to the person specified in section 11.
(4) The Court may confirm the order or set it aside.
(5) The setting aside of a paternity order shall not,
unless the Court otherwise directs, affect rights which vested while the order was in force.
BLOOD TESTS
13.
(1) In any civil proceedings in which the paternity of any person (hereinafter referred to as "the subject")
Power of court to
require use of
blood tests.
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falls to be determined by a court hearing the proceedings,
the court may, on an application by any party to the proceedings, give a direction for the use of blood tests to ascertain whether such tests show that a party to the proceedings
is oIi is not thereby excluded from being the father of the
subject and for the taking, within a period to be specified in
the direction, of blood samples from the subject, the mother of the subject and any party alleged to be the father of
the subject or from any, or any two, of those persons.
(2) A court may at any time revoke or vary a direction
previously given by it under this section.
( 3 ) The person responsible for carrying out blood
tests taken for the purpose of giving effect to a direction
under this section shall make to the court by which the
direction was given a report in which he shall state( a ) the results of the tests;
( b ) whether the person to whom the report
relates is or is not excluded by the results from being
the father of the subject; and
(c) if that person is not so excluded, the value if
any, of the results in determining whether that person
is the subject's father,
and the report shall be received by the court as evidence in
the proceedings of the matters stated therein.
(4) Where a report has been made to a court under
subsection ( 3 ) ,any party to the proceedings may, with the
leave of the court, or shall, if the court so directs, obtain
from the person who made the report a written statement
explaining or amplifying any statement made in the report,
and that statement shall be deemed for the purposes of this
section to form part of the report made to the court.
(5) Where a direction is given under this section in any
proceedings, a party to the proceedings shall not be entitled
to call as a witness the person responsible for carrying out
the tests taken for the purpose of giving effect to the direction, or any person by whom anything necessary for the purpose of enabling these tests to be carried out was done,
unless-
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( a ) within fourteen days after receiving a copy of
the report he serves notice on the other parties to the
proceedings, or on such of them as the court may
direct, of his intention to call that person; or
(b) the court otherwise directs,
and where any such person is called as a witness the party
who called him is entitled to cross-examine him.
(6) Where a direction is given under this section the
party on whose application the direction is given shall pay
the cost of taking and testing blood samples for the purposes
of giving effect to the direction (including any expenses
reasonably incurred by any person in taking any steps
required of him for the purpose), and of making a report to
the court under this section, but the amount paid shall be
treated as costs incurred by him in the proceedings.
(7) In this section "civil proceedings" include any proceedings under Part V of the Magistrate's Code of
Procedure Act.
14. (1) Subject to the provisions of subsections (3)
and (4), a blood sample which is required to be taken from
any person for the purposes of giving effect to a direction
under section 13 shall not be taken from that person except
with his consent.
(2) The consent of a minor who has attained the age
of sixteen years to the taking from himself of a blood sample
is as effective as it would be if he were of full age; and where
a minor has by virtue of this subsection given an effective
consent to the taking of a blood sample, it shall not be necessary to obtain any consent for it from any other person.
(3) A blood sample may be taken from a person under
the age of sixteen years, not being such a person as is
referred to in subsection (4), if the person who has the care
and control of him consents or, in the absence of such consent, or, where that consent is unreasonably withheld, if the
court so directs.
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(4) A blood sample may be taken from a person who is
suffering from mental disorder and is incapable of understanding the nature and purpose of blood tests if the person
who has the care and control of him consents and the medical practitioner in whose care he is has certified that the taking of a blood sample from him will not be prejudicial to his
proper care and treatment.
( 5 ) The foregoing provisions of this section are without prejudice to section 15.
Failure to comply
with direction for
blood tests.
15. ( 1 ) Where a court gives a direction under section 13 and any person fails to take any step required of him
for the purpose of giving effect to the direction, the court
may draw such inferences, if any, from that fact as appear
proper in the circumstances.
(2) Where in any proceedings in which the paternity
of any person falls to be determined by a court hearing the
proceedings there is a presumption of law that that person
is the child of another, then if( a ) a direction is given under section 13 in those
proceedings; and
( 6 ) any party who is claiming relief in the proceedings and who for the purpose of obtaining that
relief is entitled to rely on the presumption fails to take
any steps required of him for the purpose of giving
effect to the direction,
the court may adjourn the hearing for such periodas it
thinks fit to enable that party to take that step, and if at the
end of that period he has failed without reasonable cause to
take it the court may, without prejudice to subsection (I),
dismiss his claim for relief notwithstanding the absence of
evidence to rebut the presumption.
( 3 ) Where any person named in a direction under section 13 fails to consent to the taking of a blood sample from
himself or from any person named in the direction of whom
he has the care and control, he is deemed for the purposes
of this section to have failed to take a step required of him
for the purposes of giving effect to the direction.
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16. ( 1 ) If for the purpose of providing a blood sample
For a test required to gve effect to a direction under section 13
any person personates another, or proffers a child knowing
that it is not the child named in the direction, he is guilty of
an offence and is liable-
13
Penalties for
personating
re blood
tests a d for
tampering with
bloodsample.
( a ) on conviction on indictment, to imprisonment for two years; or
( b ) on summary conviction, to a fine of one thousand dollars and imprisonment for six months.
(2) If a person wilfully and maliciously( a ) breaks the seal of or opens or causes to be
opened any container with a blood sample which is to
be delivered to a tester; or
( b ) does any act or thing whereby the due delivery
of such container to the tester is prevented or impeded;
or
( c ) in any manner tampers with such container,
he is guilty of an offence and is liable on summary conviction to a fine of one thousand dollars and to imprisonment for six months.
17. The Minister may by regulations make provision as
to the manner for giving effect to directions under section
13 and, in particular, any such regulations may( a ) provided that blood samples shall not be
taken except by such medical practitioners as may be
designated by the Minister;
( 6 ) regulate the taking, identification and transport of blood samples;
( c ) require the production at the time when a
blood sample is to be taken of such evidence of the
identity of the person from whom it is to be taken as
may be prescribed by the regulation;
(d) require any person from whom a blood sample is to be taken, or in such cases as may be prescribed
by the regulations, such other person as may be so prescribed to state in writing whether he or the person
Regulationsre
blood tests.
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from whom the sample is to be taken, as the case may
be, has during such period as may be specified in the
regulations suffered from any such illness as may be so
specified or received a blood transfusion of blood;
( e ) provide that blood tests shall not be carried
out except by such persons, and at such places, as may
be appointed by the Minister;
V) prescribed the blood tests to be carried out
and the manner in which they are to be carried out;
(g) regulate the charges that may be made for the
taking and testing of blood samples and for the making
of a report to a court under section 13;
( h ) make provision for securing that so far as
practicable the blood samples to be tested for the
purpose of giving effect to a direction under section 13
are tested by the same person;
(i) prescribe the form of the report to be made to
a court under section 13.
GENERAL
Regulations.
18. The Minister may, from time to time, make regulations for all or any of the following purposes( a ) prescribing fees and forms for the purposes of
this Act;
( 6 ) providing for such other matters as are contemplated by or necessary for giving full effect to this
Act, and for its due administration.
Power of
Registrar-General
re fees.
19. Where the Registrar-General is empowered to do
any act for which a fee is payable, he may refuse to do the
act until the fee is paid.
Existing L ~ W .
20. ( 1 ) The existing laws shall, as from the date of
commencement of this Act, be construed with such adaptations as may be necessary to bring them into conformity
with this Act.
(2) For the purposes of this section, the expression
"existing law" means any Act, Ordinance, Rule, Regulation,
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Order or other instrument which has effect as part of the
law of Antigua and Barbuda immediately before the
commencement of this Act.
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